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(a) Generally. Upon the declaration of a water supply emergency as provided in this article, the Director is authorized to implement the following water conservation measures. All elements of stage 2 shall remain in effect in stage 3 except that:

(1) All outdoor irrigation of vegetation shall be allowed only between the hours of 12:00 midnight and 6:00 a.m. on designated days.

(2) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment not occurring upon the immediate premises of commercial car washes and not in the immediate interest of the public health, safety and welfare shall be prohibited.

(3) The washing of automobiles, trucks, trailers, boats, airplanes and other types of mobile equipment upon the immediate premises of commercial car washes in the immediate interest of the public health, safety and welfare shall occur only between the hours of 12:00 midnight and 12:00 noon.

(4) The sprinkling of foundations is prohibited except on designated irrigation days between the hours of 12:00 midnight and 6:00 a.m.

(5) Commercial nurseries, commercial sod farmers, and similarly situated establishments shall water only between the hours of 12:00 midnight and 12:00 noon and shall use only handheld hoses, handheld buckets, or automatic sprinkler systems equipped with timers, metering devices or moisture sensors to monitor and limit the amount of water applied to that amount that is necessary to keep the plants or vegetation from becoming stressed.

(6) The filling, refilling or adding of water to swimming and/or wading pools is prohibited.

(7) The use of water for irrigation of golf tee areas is allowed only on designated irrigation days during the hours from sunset to sunrise. The use of water for irrigation of golf greens is allowed only during the hours from sunset to sunrise. Syringing of golf course greens is allowed to the extent necessary to keep the greens from becoming stressed. The irrigation of golf course fairways is prohibited unless done with treated wastewater, by reusing water, or by utilizing raw water unless the source of the raw water is within one-quarter mile of the free-flowing stream of the Kansas River.

(8) The operation of any ornamental fountain or similar structure is prohibited.

(9) The nonessential use of water is prohibited.

(b) Emergency Water Rates. Upon declaration of a water supply emergency as provided for in this article, the Director is authorized to impose emergency water rates that are designed to conserve water supplies. Such emergency rates may provide for, but not be limited to, extra charges in excess of a specified level of water use (excess demand surcharge). The Director may impose the emergency rates if needed to enforce the provisions of this stage when assurance levels in Tuttle Creek and Milford Reservoirs fall below 50 percent capacity or when treatment plant pumpage is in excess of 90 percent of treatment plant capacity for more than three consecutive days. The emergency rate will be a rate 100 percent above the rate in effect for all consumption higher than the consumer’s baseline consumption.

Consumers who do not exceed their baseline amount would be billed at the regular rate. Consumers who exceed their baseline rate would pay the regular rate for the baseline amount, and a rate 100 percent above the normal rate for all consumption higher than the baseline amount. (Code 1981 § 44-164(c). Code 1995 § 146-172.)